The Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) (Amendment) Regulations 2020

Welsh Statutory Instruments

2020 No. 1118 (W. 253)

Public Health, Wales

The Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) (Amendment) Regulations 2020

Made

at 12.21 a.m. on 14 October 2020

Laid before Senedd Cymru

at 3.00 p.m. on 14 October 2020

Coming into force

4 November 2020

The Welsh Ministers make the following Regulations in exercise of the powers conferred upon them by sections 45B, 45F(2) and 45P(2) of the Public Health (Control of Disease) Act 1984(1).

Title and coming into force

1.—(1) The title of these Regulations is the Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) (Amendment) Regulations 2020.

(2) These Regulations come into force on 4 November 2020.

Amendment of the Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 2020

2.—(1) The Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 2020(2) are amended as follows.

(2) In regulation 2 (interpretation), at the appropriate place insert—

““requirement to isolate” (“gofyniad i ynysu”) means the requirement to isolate in accordance with Part 3 of the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020(3);”;

““requirement to provide information” (“gofyniad i ddarparu gwybodaeth”) means the requirement to provide information in accordance with Part 2 of the Health Protection (Coronavirus, International Travel) (Wales) Regulations 2020;”.

(3) For regulation 3(2) (provision of information before booking and at check-in) substitute—

“(2) The information mentioned in paragraph (1) is—

(a) in the case of a facility provided for booking travel online—

(i) the information set out in Part 1 of the Schedule which must be embedded in a prominent place so that it is visible prior to a booking being made,

(ii) a link to www.gov.uk/uk-border-control (referred to in Part 1 of the Schedule), and

(iii) a link to www.gov.uk/provide-journey-contact-details-before-travel-uk;

(b) in the case of a facility provided for checking in online—

(i) the information set out in Part 1 of the Schedule which must be embedded in a prominent place so that it is visible prior to check-in being completed,

(ii) a link to www.gov.uk/uk-border-control (referred to in Part 1 of the Schedule),

(iii) a link to www.gov.uk/provide-journey-contact-details-before-travel-uk, and

(iv) a link to https://gov.wales/exemptions-self-isolation-coronavirus-covid-19-html;

(c) in the case of a facility provided for booking travel or checking in by telephone or face to face—

(i) where the information is provided orally, the information set out in Part 1 of the Schedule;

(ii) where the information is provided in writing, written notice which sets out the requirement to provide information and the requirement to isolate;

(d) in any of the above cases, a request to pass on the information mentioned in sub-paragraph (a), (b) or (c) (as the case may be) to any person on whose behalf—

(i) a booking is being made, or

(ii) a check-in is being carried out.”

(4) After regulation 3 insert—

“Provision of information prior to departure

3A.— (1) Paragraph (2) applies where at least 48 hours prior to the scheduled departure time of an international passenger service, a booking is made for a passenger (“P”) to travel on that service.

(2) Where this paragraph applies, between 24 and 48 hours prior to the scheduled departure time of the service, the operator of the service must ensure that P has been provided with the information specified in paragraph (4) (“the required information”).

(3) The required information must be provided by text message, push notification, email or orally.

(4) The required information mentioned in paragraph (2) is—

(a) where the information is provided by text message or push notification, text which—

(i) informs P of the requirement to provide information,

(ii) informs P that penalties apply for failure to comply with the requirement to provide information,

(iii) includes a link to https://www.gov.uk/provide-journey-contact-details-before-travel-uk, and

(iv) if the international passenger service is one on which P is allocated a seat numbers, advises P to provide the seat number as part of the requirement to provide information;

(b) where the information is provided by email—

(i) the information set out in Part 1 of the Schedule,

(ii) a link to a link to www.gov.uk/uk-border-control (referred to in Part 1 of the Schedule),

(iii) a link to https://www.gov.uk/provide-journey-contact-details-before-travel-uk, and

(iv) a link to https://gov.wales/exemptions-self-isolation-coronavirus-covid-19-html;

(c) where the information is provided orally, the information set out in Part 1 of the Schedule.

(5) Where another person (“A”) makes a booking on an international passenger service on behalf of another passenger (whether or not A is also a passenger on that service), the requirement to provide information in accordance with this regulation is to be treated as complied with, as regards the time set out in paragraph (1), if the required information was provided to A in the required manner between 24 and 48 hours prior to the scheduled departure time of that service, along with a written request that A provides that information to the passenger.”

(5) In regulation 4(1) (provision of information during journey), for “the Schedule” substitute “Part 2 of the Schedule”.

(6) In regulation 5 (exception from requirements of regulations 3 and 4)—

(a) in the heading, after “3” insert “, 3A”;

(b) in the regulation, after “3” insert “, 3A”.

(7) In regulation 6(1) (offences), after “(3)” insert “, regulation 3A(2)”.

(8) For the Schedule substitute—

Regulations 3, 3A and 4

“SCHEDULE

PART 1

The information to be provided for the purposes of regulations 3(2)(a)(i), 3(2)(b)(i), 3(2)(c)(i), 3A(4)(b)(i) and 3A(4)(c) is—

“ESSENTIAL INFORMATION TO ENTER THE UK

The United Kingdom is taking steps to help stop the spread of COVID-19.

1)

To protect your health and others’, everyone must complete an online Passenger Locator Form before arrival in the United Kingdom.

2)

You may be required to self-isolate for 14 days on arrival. Check the exempt countries list immediately before you travel as this list can change at short notice.

3)

It is a legal requirement that you wear a face covering on public transport in the UK.

Failure to comply with the above measures is a criminal offence and you could be fined. Please visit www.gov.uk/uk-border-control for detailed public health advice and requirements for entering the UK.”

PART 2

The statement to be provided for the purposes of regulation 4 is—

(a) Welsh language version—

“Dyma neges iechyd y cyhoedd ar ran asiantaethau iechyd y cyhoedd y Deyrnas Unedig.

Cyn cael mynediad i’r Deyrnas Unedig, rhaid i chi lenwi Ffurflen Lleoli Teithwyr ar-lein, ni waeth o ble yr ydych yn cyrraedd. Rhaid i chi hefyd hunanynysu am y 14 o ddiwrnodau cyntaf ar ôl i chi gyrraedd, oni bai eich bod mewn categori esempt. Mae hyn er mwyn eich diogelu chi ac eraill.

Ewch i gov.uk i gael rhagor o wybodaeth.

Symptomau’r coronafeirws yw peswch cyson newydd, tymheredd uchel neu golli eich synnwyr blasu neu arogli arferol, neu newid yn eich synnwyr blasu neu arogli arferol. Os ydych yn profi unrhyw un o’r symptomau hyn, ni waeth pa mor ysgafn ydynt, fe’ch cynghorir i wneud eich hunan yn hysbys i’r criw.

Camau syml y gallwch eu cymryd i helpu i’ch diogelu chi a’ch teulu yw:

Golchi eich dwylo

Osgoi cyffwrdd â’ch wyneb â’ch dwylo

Dal peswch a thisian mewn hances bapur a’i gwaredu ar unwaith.”;

(b) English language version—

“The following is a public health message on behalf of the UK’s public health agencies.

Before entering the UK, you must complete a Passenger Locator Form online, regardless of where you are arriving from. You must also self-isolate for the first 14 days after you arrive, unless you are in an exempt category. This is to protect yourself and others.

Visit gov.uk for more information.

The symptoms of coronavirus are a new continuous cough, a high temperature or a loss of, or change in, normal sense of taste or smell. If you experience any of these symptoms, however mild, you are advised to make yourself known to the crew.

Simple measures you can take to help protect yourself and family are:

Wash your hands

Avoid touching your face with your hands

Catch coughs and sneezes in a tissue and dispose of it immediately.”;

(c) the statement in paragraph (a) or (b) translated into an officially recognised language of the country of departure.”

Vaughan Gething

Minister for Health and Social Services, one of the Welsh Ministers

At 12:21 a.m. on 14 October 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Health Protection (Coronavirus, Public Health Information for Persons Travelling to Wales etc.) Regulations 2020 (“the Information Regulations”) place a requirement on operators of international passenger services coming from outside the common travel area to an airport, heliport or seaport in Wales (“operators”) to provide passengers with certain public health information.

These Regulations amend the Information Regulations to—

(a) require operators to provide the information at an additional stage, namely 24 to 48 hours before an international passenger service is scheduled to depart, and

(b) update the information which is to be provided before a booking is made and check-in is completed, and during the journey to the port in Wales.

Regulation 2(3) amends the regulation 3 of the Information Regulations to specify the updated information to be provided before a booking is made and before check-in is completed.

Regulation 2(4) inserts a new regulation 3A into the Information Regulations requiring operators to provide the information 24 to 48 hours before an international passenger service is scheduled to depart.

Regulation 2(5), (6) and (7) makes consequential amendments, and regulation 2(8) substitutes the Schedule to the Information Regulations.

The Welsh Ministers Code of Practice on the carrying out of Regulatory Impact Assessment was considered in relation to these Regulations. As a result, a regulatory impact assessment has not been prepared as to the likely cost and benefit of complying with these Regulations.

(1)

1984 c. 22. Part 2A was inserted by section 129 of the Health and Social Care Act 2008 (c. 14). The function of making regulations under Part 2A is conferred on “the appropriate Minister”. Under section 45T(6) of the 1984 Act the appropriate Minister as respects Wales, is the Welsh Ministers.

(2)

S.I. 2020/595 (W. 136), amended by S.I. 2020/714 (W. 160).

(3)

S.I. 2020/574 (W. 132), amended by S.I. 2020/595 (W. 136), S.I. 2020/714 (W. 160), S.I. 2020/726 (W. 163), S.I. 2020/804 (W. 177), S.I. 2020/817 (W. 179), S.I. 2020/840 (W. 185), S.I. 2020/868 (W. 190), S.I. 2020/886 (W. 196), S.I. 2020/917 (W. 205), S.I. 2020/944 (W. 210), S.I. 2020/962 (W. 216), S.I. 2020/981 (W. 220), S.I. 2020/1015 (W. 226), S.I. 2020/1042 (W. 231), S.I. 2020/1080 (W. 243) and S.I. 2020/1098 (W. 249).